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A state court hearing an admiralty or maritime case is required to apply the admiralty and maritime law, even if it conflicts with the law of the state, under a doctrine known as the "reverse-Erie doctrine." The Erie doctrine, derived from Erie Railroad Co. v. Tompkins, directs that federal courts hearing state actions must apply state law
This act was an attempt by Congress to resolve issues related to the status of citizenship, including those Americans living outside the United States, married women, and children born outside the country to American citizens. A particular concern during the last half of the nineteenth century was that of dual citizenship. During this period ...
In United States maritime law, the Limitation of Liability Act of 1851, codified as 46 U.S.C. § 30523 since December 2022, states that the owner of a vessel may limit damage claims to the value of the vessel at the end of the voyage plus "pending freight", as long as the owner can prove it lacked knowledge of the problem beforehand.
The Slave Trade Act of 1794 prohibited the preparation of ships for use in the slave trade and allowed the federal government to seize ships that violated this act. In this case, the US District Court for South Carolina and Circuit Court ordered the seizure of the ship Emily and brig Caroline because they were being fitted for the slave trade in the Port of Charleston.
Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships.
Hostis humani generis (Latin for 'an enemy of mankind') is a legal term of art that originates in admiralty law.Before the adoption of public international law, pirates and slavers were generally held to be beyond legal protection and so could be dealt with by any nation, even one that had not been directly attacked.
President Joe Biden said the U.S. government should foot the bill for repairs. Recovering any of those funds from the owner of the Dali may prove more challenging.
The Merchant Marine Act of 1920 is a United States federal statute that provides for the promotion and maintenance of the American merchant marine. [1] Among other purposes, the law regulates maritime commerce in U.S. waters and between U.S. ports.